GoBoat Hire Terms and Conditions
This document records the Hire Terms and Conditions on which GoBoat agrees to hire a Boat to the Customer.
GoBoat may in its absolute discretion decline to hire any Boat to a Customer. GoBoat may at any time vary these terms and conditions without notice. Variations to these terms and conditions will only apply to hire agreements entered into after the variations have occurred.
1 Definitions and interpretation
Unless the context requires otherwise:
Additional Hire Charges means fees charged by GoBoat where the Customer exceeds the Hire Period without extending the Hire Period with GoBoat’s prior agreement, such fees as set out on the Site or advised by GoBoat from time to time.
Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 of the Competition Consumer Act 2010 (Cth).
Boat means the electric self-drive picnic boat owned by GoBoat and hired to the Customer in accordance with these terms and conditions and includes any related equipment (i.e. personal floatation devices) supplied by GoBoat.
Booking Form means a document or electronic form which GoBoat may require the Customer to complete and sign (or accept in a way GoBoat requires including via the Site) which includes particulars of the Customer, Participants, Boat, the Hire Period and such other information as GoBoat may require and includes corporate booking forms.
Claim includes any claim, including a notice, demand, debt, account, action, expense, damage, the loss, cost, lien, liability, proceeding, litigation (including reasonable legal costs), investigation or judgment of any nature, whether known or unknown.
Commencement means the actual time and date when the Customer takes possession of a Boat.
Consumer Guarantee means a consumer guarantee as it applies to supplies made under these terms and conditions, as set out in under Part 3-2, Division 1 of the Australian Consumer Law.
Customer means the person or company named in the Booking Form.
Event of Default means an event of default described in clause 9.1.
GoBoat means Sustainable Valuables Pty Limited trading as ‘GoBoat Canberra’ ABN 89 610 293 466.
GST has the meaning given in GST Law.
GST Law has the meaning given in A New Tax System (a Goods and Services Tax) Act 1999 (Cth).
Hire Bond means the security bond the Customer must pay GoBoat via credit card hold (or other means as agreed with GoBoat) as security for any damage or loss caused to the Boat or any Additional Hire Charges which are not otherwise paid.
Hire Charge means the amounts shown on the Booking Form or during the booking process payable by the Customer to hire a Boat.
Hire Period means the time period on the booking date which the Customer has selected and GoBoat has confirmed during which the Customer may use the Boat. The Hire Period may only be extended for one or more definite periods and in each case this can only be done if the Customer requests it and if GoBoat agrees. GoBoat may issue and require the Customer to sign an amended Booking Form for any extension of or change to, the Hire Period.
Location means the location from which the Boat is hired and where it may be used (e.g. Lake Burley Griffin) as set out in the Booking Form.
Loss means any damage, loss, liability, expense or cost whether direct or indirect, consequential or incidental.
Participants means any passengers which use the Boat, including the Customer and the Skipper as listed on the Booking Form.
Safety Briefing means the initial instruction and briefing which GoBoat may provide to the Customer and all Participants prior to hiring a Boat.
Site means GoBoat’s website or application from which bookings can be made, namely www.goboatcanberra.com.au
Skipper means the person, over 18 years, who is nominated by the Customer on the Booking Form as being the authorised driver of the Boat.
Waiver Form means a waiver form (electronic or paper) provided by GoBoat which the Customer and each Participant must sign before hiring a Boat.
2 Hire of a Boat
2.1 In consideration of the Customer agreeing to pay the Hire Charge and the Hire Bond, GoBoat agrees to hire a Boat to the Customer at the Location for the Hire Period in accordance with these terms and conditions.
2.2 GoBoat will provide confirmation to the Customer where it accepts a Customer’s request to hire a Boat. Where a booking request is not confirmed, GoBoat is under no obligation to hire the Customer a Boat. Whilst Customers may hire boats in person, GoBoat makes no guarantee or warranty as to the availability of a Boat where a confirmed booking has not been made. Customers booking in person may be directed to complete their booking via the Booking Form on the Site (i.e. using a tablet supplied by GoBoat) or via paper Booking Form.
2.3 GoBoat will ensure that a Boat is clean and in good working order as at the start of the Hire Period. GoBoat will also supply personal floatation devices for each Participant.
2.4 Title in a Boat remains with GoBoat at all times during the Hire Period.
2.5 Risk in a Boat lies with the Customer at all times from Commencement until the end of the Hire Period.
3 The Customer’s Obligations when hiring a Boat
The Customer must:
3.1 Satisfy itself at the Commencement that a Boat is suitable for its purposes.
3.2 Correctly complete the Booking Form, including listing the correct number of Participants, nominating a Skipper and selecting a Hire Period. The Customer and/or the Skipper may be required to provide identification documents to GoBoat at the time of hire.
3.3 Nominate a Skipper on the Booking Form who must be at least 18 years or over, physically capable of operating the Boat and who must not be under the influence of drugs or have alcohol present in his/her system at any time during the Hire Period in excess of 0.05% blood alcohol content. GoBoat reserves the right to refuse to hire a Boat to a Customer where the nominated Skipper is not present at the commencement of the Hire Period, or where the nominated Skipper displays signs of being intoxicated, under the influence of drugs, fails to comply with the instructions or directions of GoBoat or in GoBoat’s total discretion, is unsuitable to operate the Boat.
3.4 Ensure that all Participants (including parents/guardians on behalf of accompanying children) have signed a Waiver Form and participated in the Safety Briefing and that each Participant at all times:
(a) can swim sufficiently so as to save their own life in the event of a capsize or falling overboard;
(b) is not under the influence of illegal drugs and has not consumed excessive alcohol (i.e. not more than 0.05% blood alcohol content);
(c) behaves in a safe and responsible manner and in accordance with the instructions, rules and directions of GoBoat and all laws;
(d) does not engage in excessively loud or offensive behaviour;
(e) wears their allocated personal flotation device;
(f) does not litter (including throwing rubbish or liquids overboard) or damage the Boat or any third party property;
(g) does not swim or alight the Boat into the water;
(h) does not attempt to fish from the Boat or interfere with any flora or fauna (in particular, aquatic life); and/or
(i) does not behave in any manner which in GoBoat’s opinion, is not safe or appropriate.
GoBoat reserves the right to refuse to hire a Boat to a Customer and/or allow any Participant to use a Boat in its total discretion and may cancel a booking or require the early return of a Boat or exclusion or a Participant where a Customer or Participant does not comply with these terms and conditions.
3.5 Ensure that the combined weight of the Participants (and any possessions, equipment or other items taken on board the Boat) do not exceed the weight capacity as advised by GoBoat. GoBoat reserves the right to refuse to hire a Boat where it believes the weight capacity will be exceeded.
3.6 Return the Boat to GoBoat in a clean state and good working order. In the event a Boat is not returned clean and in good working order, GoBoat may charge and the Customer must pay for all cleaning and repair costs incurred by GoBoat.
3.7 Operate the Boat safely, strictly in accordance with the law, only for its intended use, and in accordance with any instructions provided by GoBoat.
3.8 Indemnify GoBoat for all injury and/or damage caused or contributed to by the Customer or any Participant to the Boat, any persons and any property.
3.9 Ensure that the person collecting the Boat on behalf of the Customer is authorised by the Customer as the Skipper to do so and the Customer will not allege that any such person is not so authorized.
3.10 Ensure that all Participants are suitably instructed in its safe and proper use of the Boat and that they participate in the Safety Briefing.
3.11 Conduct a thorough damage, hazard and risk assessment before using a Boat and comply with all Occupational Health and Safety laws relating to the Boat and its operation. The Customer must notify GoBoat prior to using the Boat of any apparent damage, defects, hazards or risks identified with the Boat, or otherwise it will be deemed that the Boat is in good working order and without damage.
3.12 Safely secure all items brought onto the Boat or in the possession of any Participant, and indemnify GoBoat in respect of any loss, injury and/or damage caused by items falling from the Boat or sustaining damage (including water damage).
3.13 Immediately report and provide full details to GoBoat as soon as any accident or damage occurs in respect of a Boat.
3.14 Supply its own food, beverages, sun protection and other comfort items for the duration of the Hire Period unless GoBoat has agreed to supply catering or other items during the booking process.
3.15 The Customer must NOT:
(a) Tamper with, damage or attempt to repair a Boat;
(b) Lose or part with possession of a Boat;
(c) Rely upon any representation relating to a Boat or its operation other than those contained in these terms and conditions or provided by GoBoat in writing;
(d) Allow any person to operate the Boat if the person is affected by drugs and/or alcohol or under the age of 18;
(e) Exceed the recommended or legal load and capacity limits of the Boat;
(f) Use or carry any illegal, prohibited or dangerous substance in or on a Boat; and
(g) exceed the recommended or legal speed limit of the Boat.
4.1 The Customer must prepay the Hire Charge and Hire Bond prior to Commencement (or at such other times as agreed in writing by GoBoat for corporate Customers).
4.2 Without limiting the ability of GoBoat to recover all amounts owing to it, the Customer authorises GoBoat to charge any amounts owing by the Customer (including but not limited to the Hire Bond and Hire Charge) to any credit card or bank account details of which are provided to GoBoat.
4.3 The Customer authorises GoBoat to deduct the Additional Hire Charges from the Hire Bond and/or Customer’s nominated credit card or account details as soon as the Customer exceeds the Hire Period. The Customer acknowledges and agrees that the Additional Hire Charges are significantly higher than the Hire Charges and the Customer accepts these higher rates where the Customer has not extended its Hire Period with the prior agreement of GoBoat in writing.
4.4 The Hire Bond will be returned to the Customer (less any amounts deducted for Additional Hire Charges, loss or damage) by way of a refund to the Customer’s credit card or bank account within 5 business days of the Customer having returned the Boat.
4.5 Immediately on request by GoBoat, the Customer will pay the current retail price of any a Boat as advised by GoBoat which is for whatever reason not returned to GoBoat.
4.6 The Customer is responsible for loss or damage caused to the Boat or any other equipment supplied by GoBoat; all costs incurred in cleaning a Boat; any fines, penalties, levies or charges payable in respect of these terms and conditions or arising from the Customer’s use of a Boat; all costs incurred by GoBoat in recovering possession of a Boat or items lost overboard; a late payment fee calculated daily at 3% per month on all amounts owing by the Customer not paid on time; and any Additional Hire Charges; the cost of items provided by GoBoat and not returned by the Customer; any expenses and legal costs incurred by GoBoat in enforcing these terms and conditions due to the Customers default. The Customer must, immediately on demand from GoBoat, pay GoBoat for any Claims, costs, expenses, loss, damage, fees, fines or other monetary amounts incurred or suffered by GoBoat as a result of the Customer’s default under this clause and/or under any other provision of these terms and conditions.
4.7 GoBoat may increase the Hire Charges at any time, except that confirmed bookings will not be subjected to increased Hire Charges.
A Customer may only cancel a confirmed booking by providing notice in writing to GoBoat in advance of the Hire Period. Where cancellation notice is provided more than 48 hours prior to the Hire Period, GoBoat will refund all monies prepaid by the Customer. Where cancellation notice is provided between 48 – 24 hours prior to the Hire Period, the Customer will be provided a credit of their Hire Charges to use towards future bookings. In the event that the Customer fails to provide at least 24 hours notice, the full amount of the Hire Charges are payable by the Customer to GoBoat.
Boat hire bookings do not include food or beverages unless agreed with GoBoat. Where catering is supplied by GoBoat, the amount of such catering will be advised by GoBoat during the booking process and will be charged to the Customer’s credit card or nominated bank account. The Customer is responsible for ensuring that sufficient catering is ordered for all Participants and to advise GoBoat in writing of any allergies or dietary requirements, which GoBoat will request that its suppliers’ accommodate, where possible. GoBoat gives no representations and makes no warranty that any catering supplied will meet the dietary requirements of any Participant or that it will be free from allergens or trace ingredients.
7 Risk Waiver
7.1 The Customer understands and agrees that the Customer and all Participants must sign the Risk Waiver prior to use of the Boat. A copy of the Risk Waiver is provided on the Site for each Participant to view before hand, however GoBoat will require each Participant to sign a Risk Wavier in person on the day of the hire.
7.2 For the purpose of the Civil Law (Wrongs) Act 2002 (ACT) and section 139 of the Competition and Consumer Act 2010 (Cth), the Customer acknowledges that the hire and use of the Boat is a ‘recreational activity’, is dangerous and that there is a risk to the Customer and Participants’ health and safety in participating using and hiring the Boat. The potential risks include, but are not limited to:
(b) physical or mental injury;
(c) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to me.
7.3 The Customer acknowledges, agrees, and understands that the risk warning in the preceding paragraph constitutes a ‘risk warning’ for the purposes of relevant legislation, including for the purpose of Section 5M of the Civil Law (Wrongs) Act 2002 (ACT). The Customer acknowledges that GoBoat’s liability arising from the hire of the Boat is excluded or reduced in so far as is possible as a result of the risk warning.
7.4 By hiring the Boat, the Customer acknowledges, agrees and understands that, to the full extent permitted by law (including by division 5 of the Civil Law (Wrongs) Act 2002 (ACT) and section 139A of the Competition and Consumer Act 2010 (Cth)):
(a) The Customer’s rights to sue GoBoat in relation to the hire and use of the Boat, if the Boat hire or associated services were not provided in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded or alternatively limited to a refund of the cost of the Hire Charge; and
(b) The Customer releases GoBoat from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill,
in so far as the Boat hire results in the death or injury of the Customer or any Participant, but not including significant personal injury caused by GoBoat’s reckless conduct.
7.5 In addition to any other releases, exclusions and warranties set out in these terms and conditions or the Risk Waiver, to the full extent permitted by law, the Customer (including its heirs, successors, executors, administrators, agents, employees, contractors and assigns) agree to waive, release and indemnify GoBoat in respect of any losses, damages, claims, injuries, liabilities, costs, charges or expenses whatsoever in connection, directly or indirectly, with the hire of the Boat, including without limitation those arising under statute, tort, contract, common law or equity (including for GoBoat’s negligence).
7.6 The Customer acknowledges that it does not have to agree to exclude, restrict or modify or waive its rights against, or release, GoBoat, however GoBoat may refuse to allow the Customer to hire the Boat.
8 Warranties and Liability
8.1 Where the Australian Consumer Law applies the Customer has the benefit of guarantees in relation to the hire of a Boat which cannot be excluded.
8.2 To the extent that the Australian Consumer Law (or any other law which cannot be excluded) does not apply, GoBoat makes no representations and gives no warranties other than those set out in these terms and conditions, and will not be liable to the Customer or any Participant for any Loss, Claims, damages, costs or other liabilities whatsoever (including for consequential loss) in relation to the hiring of a Boat by the Customer.
8.3 Subject to this clause 8, the Customer indemnifies and holds GoBoat harmless to the full extent permitted by law for any Claim, Loss or damage whatsoever arising in connection with the hire of a Boat to the Customer or these terms and conditions, including any third party Claims.
8.4 GoBoat’s liability under this agreement is limited to the Hire Charge and GoBoat is not liable for any indirect or consequential loss (including loss of profit or opportunity).
9 Default and termination
9.1 Where the Customer or any Participant fails to perform or observe any of the covenants or provisions of these terms and conditions or fails to pay any monies owed to GoBoat, an Event of Default will occur.
9.2 If an Event of Default occurs GoBoat may at its option and in addition to any other rights under this agreement or at law:
(a) refuse, cancel or terminate a booking (and require the immediate return of the Boat where the Hire Period has commenced);
(b) charge the Customer’s credit card or nominated account for any monies owing to GoBoat;
(c) by proceeding by appropriate court action, either at law or in equity, enforce performance of the applicable terms and provisions of these terms and conditions or recover damages for the breach concerned; and / or
(d) terminate these terms and conditions and/ or
(e) repossess a Boat.
9.3 The Customer indemnifies GoBoat for any Claims, damages, costs or Loss resulting from a breach by the Customer of any provision of these terms and conditions.
10.1 GoBoat will comply with the Australian Privacy Principles in all dealings with its Customers.
11.1 These terms and conditions, the Booking Form and the Waiver Form(s) constitute the entire understanding between the parties and supersedes all prior agreements, understandings and communications, whether written or oral.
11.2 These terms and conditions operate as a ‘standing agreement’ and each booking shall constitute a separate contract for supply of a Boat between the parties.
11.3 If any provision of the agreement is illegal or unenforceable in any relevant jurisdiction, it must be enforced to the maximum extent possible, and if unenforceable may be severed for the purposes of that jurisdiction, without affecting its enforceability in any other jurisdiction or the enforceability of any other part of these terms and conditions.
11.4 Clauses 1, 4, 5, 7, 9, 11 and any Warranties and indemnities survive termination or expiration of these terms and conditions.
11.5 Any special conditions applicable to a Customer as set out in a Booking Form (where the booking has been confirmed by GoBoat) prevail to the extent of any inconsistency with these terms and conditions.
11.6 These terms and conditions are governed by and is to be construed in accordance with the laws applicable in the Location in which the Boat is hired.
The late return fee as at 12 October 2017 is $50 per 15 minutes the boat is returned later than the agreed time.
Please be courteous to those customers who will be waiting to board the boat after you, and arrive back on time. Your scheduled return time is not affected by any late departure, so please be on time arriving for your safety briefing at least 15 minutes prior to your booking.